Agenda 65.docx

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1 ITEM NO.01 CONFIRMATION OF MDA’S ANNUAL BUDGET ESTIMATES (2015-16) The Annual Budget Estimates of MDA (UD Wing) for the year (2015- 16) as well as Revised Budget (2014-15) have been discussed and finalized in the meeting of Finance Sub Committee held on 13-06- 2015 in MDA. The minutes of the said meeting are enclosed at ANNEX-A. As approved by the Finance Sub Committee, the total component of Annual Budget Estimates (2015-16) comes to Rs.19969.263 million ANNEX-B. The same is placed before the Governing Body of MDA for final approval.

Transcript of Agenda 65.docx

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ITEM NO.01 CONFIRMATION OF MDA’S ANNUAL BUDGET ESTIMATES (2015-16)

The Annual Budget Estimates of MDA (UD Wing) for the year (2015-16) as well as Revised Budget (2014-15) have been discussed and finalized in the meeting of Finance Sub Committee held on 13-06-2015 in MDA. The minutes of the said meeting are enclosed at ANNEX-A.

As approved by the Finance Sub Committee, the total component of Annual Budget Estimates (2015-16) comes to Rs.19969.263 million ANNEX-B.

The same is placed before the Governing Body of MDA for final approval.

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ITEM NO.02 REGULARIZATION OF THE SERVICES OF CONTRACT EMPLOYEES

MDA made recruitment under the Contract Appointment Policy 2004 and under Rule 17-A as well as provisions existing in Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974 during previous years. To regularize the services of such employees the Government of Punjab has issued policy notifications bearing No.DS(O&M) (S&GAD)5-3/2013 dated 1-3-2013 No.DS(O&M)(S&GAD)5-3/2013 dated 02-3-2013 and No.DS (O&M)(S&GAD)5-3/2013 dated 19-8-2013. In the light of aforesaid policy MDA constituted a scrutiny committee which recorded its minutes regarding the regularization of contract employees of BS-1 to 15. The services of said employees have been regularized whereas the cases of employees of BS-16 and above were sent to Government through this office letter No.216/Admn/MDA dated 6-2-2014 (ANNEX-C & D). The matter is still pending with Government and no response has been received so far. MDA UD Wing and WASA made recruitment of employees of BS-16 and above whose services are required to be regularized. The list of such staff is as under:-

MDA

S# Name with parentage Designation BPSDate of

appointment1. Mr. Mohsin Raza Assistant Director Town Planning 17 01-3-20102. Miss Anaiza Hira Assistant Director Town Planning 17 05-4-20103. Mr. Muhammad Waqas Assistant Director Town Planning 17 05-4-20104. Mr. Munem Saeed Sub-Divisional Officer 17 26-8-20095. Rana Waseem Khan Sub-Divisional Officer 17 30-6-20096. Mr. Muhammad Abu Bakar Sub-Divisional Officer 17 18-9-20077. Mr. Rashid Mehmood Assistant Programmer (Computer) 16 14-9-20078. Miss Moona Mumtaz Prosecutor 16 15-9-2007

WASA

S# Name with parentage Designation BPSDate of

appointment1. Mr. Muhammad Arshad Assistant Director Finance 17 15-7-20082. Mr. Muhammad Saeed Assistant Director Finance 17 15-7-20083. Mr. Mansoor Ahmad Assistant Director Recovery 17 15-7-20084. Mr. Abdul Majeed Assistant Director Recovery 17 15-7-20085. Mr. Irfan Ali Assistant Director Engg/SDO 17 16-8-20086. Mr. Muhammad Nadeem Assistant Director Engg/SDO 17 11-7-20097. Mr. Abdus Salam Assistant Director Engg/SDO 17 11-7-20098. Mr. Arif Abbas Assistant Director Engg/SDO 17 11-7-20099. Miss Rabia Mehfooz Assistant Director Engg/SDO 17 11-7-200910.

Mr. Muhammad Saleem Litigation Officer 16 15-7-2008

11.

Syed Hasan Mehmood Bukhari Public Relations Officer 16 30-8-2008

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The similar matter was placed before the Governing Body of LDA, Lahore in last year for consideration. The governing body of LDA approved to process the cases in line with the Government instructions at its own level. Consequently, LDA regularized services of all its contract employees of BS-16 and above. Similarly, the Govt of the Punjab HUD &PHED has also allowed RDA to regularize its contract employees in BS 16 and above vide No. SO(E-I)6-9/12-Rawalpindi, dated 8th May 2015 (ANNEX-E).

It is therefore proposed that MDA may also carry out regularization of its contract employees in BS 16 and above subject to the policy of the Government dated 01-03-2013.

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ITEM NO.03 DELEGATION OF POWERS TO ADDITIONAL DIRECTOR GENERAL MDA

The post of Additional Director General MDA was created in 2006 to assist the Director General in all matters of MDA. The powers which are being exercised by the incumbent are at par with the Managing Director WASA.

Currently, the Director General MDA is pre-occupied with the metro bus project. It is therefore proposed that the following functions / powers may be delegated to Additional Director General so that routine affairs are dealt with in a smooth manner.

1. To approve auction, sales of plots, in favour of the highest bidders, provided the highest bids are not less than the reserve prices.

2. To approve all auction sales of land belonging to the Authority to the highest bidder provided the sale proceeds are not less than the reserve price fixed by the Authority.

3. To cancel the bargains and forfeit the whole or part of the earnest money on account of breach of conditions of sale, refund excess payment and to revive the bargains subject to the policy of the Authority.

4. To make expenditure up to Rs.10,000/- sales promotion, publicity and advertisements.

5. To grant permission for the performance of journey beyond jurisdiction in case of employees of BS-17 to 19.

6. To sanction leave ex-Pakistan to the employees up to BS-17.7. To hear appeals against the penalties imposed by the Director Finance &

Administration under the PEEDA Act, 2006.8. To initiate PERs/ACRs of the employees of BS-19 and to record as

Superior Countersigning Officer in case of employees of BS-17 & 18.

The above proposal is submitted for consideration and approval please.

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ITEM NO.04 AMENDMENT IN MDA (APPOINTMENT & CONDITIONS OF SERVICE) REGULATIONS, 1980

The provincial Govt has directed to carry out initial recruitment through NTS for the purpose of short listing / evaluation of candidates. It is proposed that following amendment may be made in the MDA (Appointment and conditions of service) Regulations 1980 as given below:

PART-III( INITIAL APPOINTMENT )

EXISTING PROPOSED12. a.

b.

Initial appointment to posts in grades 16 and above, shall be made on the basis of examination/ test or interview conducted by the appropriate committee, after advertisement of the vacancies in the newspaper; except in the case of the specified posts.

Initial appointment to all posts in grades 1 to 15 shall be made on the basis of examination / test or interview to be held by the appropriate committee either after advertisement of the vacancies in newspapers or after reference to the Employment Exchange.

a. Initial appointment to all posts shall be made on the basis of examination/ test or interview conducted by the appropriate committee, after advertisement of the vacancies in the newspaper; except in the case of posts reserved for promotion or deputation.

b. Short listing / evaluation of applicants for posts in BS-5 and above, shall be made through NTS testing system, in which 50% shall be the passing marks.

The above proposal is submitted for consideration and approval please.

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ITEM NO.05 GRANT OF BS-17 TO THE SUPERINTENDENT (BS-16) AND OTHER SUPERVISORY POSTS

The Government of Punjab, Finance Department has granted higher time pay scale BS-17 to the Superintendents in BS-16 in the Punjab Government with effect from 01-09-2014 on the conditions laid down in the Finance Department’s letter No.FD.PC.14-19/2014 dated 04-3-2015 (ANNEX-F). The Government has also allowed BS-17 to other incumbents who are working against supervisory posts with different nomenclature. As per contents of the letter, BS-17 is to be granted to the Superintendents who are enjoying BS-16 and according to the approved sanctioned strength of MDA, following categories of Superintendents are on roll:-

i. Office Superintendentii. Superintendent Finance

Therefore, it is proposed that the above category may be granted BS-17 in the light of terms and conditions as mentioned therein.

The matter is placed before the Governing Body with the proposal to adopt above policy in MDA for its employees.

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ITEM NO.06 AMENDMENT IN MDA (APPOINTMENT & CONDITIONS OF SERVICE) REGULATIONS, 1980

The following posts exist in the approved Budget of MDA and as well as in the Schedule of Service Regulations, 1980. To fill these posts suitable and eligible incumbents are required. For this purpose the method of recruitment of the following posts may be amended as follows:-

S# Post BS Minimum qualification( EXISTING )

Age limit Min-Max

Minimum qualification( PROPOSED)

1. Assistant Director (General Cadre)

17 M.A. 2nd division preference shall, however, be given to MBA/MPA/M.Com, Eco. or Stat. & experience hand to which due weightage will be given.

21 - 26 M.A. 2nd division preference shall, however, be given to MBA/MPA/ M.Com, MA Eco. or Stat. due weightage will be given to previous experience of similar nature.

2. Assistant Director Town Planning

17 B.Sc. City & Regional Planning. 21 - 26 B.Sc. in City/ Urban/ Town/Regional Planning.

3. Assistant Director Architect

17 i. Bachelor in Architecture from Government Universities/ Institutions recognized by HEC.

ii. Registration with PCATP.iii. Preference will be given to

the proficiency and experienced in relevant field.

21 - 28 i. Bachelor in Architecture from Govt. Universities/ Institutions recognized by HEC.

ii. Registration with PCATP.

iii. Preference will be given to experience in relevant field.

4. Assistant Director Engg/SDO

17 Degree in Engineering in the requisite discipline from a recognized University or an equivalent qualification and registration as a “Professional Engineer” with the Pakistan Engineering Council.

21 - 25 Degree in Civil Engineering from a recognized University and registration as a “Professional Engineer” with the Pakistan Engineering Council.

5. Stenographer 14 i. Intermediate or equivalent qualification from a recognized Board.

ii. A speed of 90 w.p.m. in shorthand in English & 40 w.p.m. in Typewriting.

18 - 25 i. Intermediate or equivalent qualification from a recognized Board.

ii. A speed of 90 w.p.m. in shorthand in English & 40 w.p.m. in Typewriting.

iii. Proficiency in English language and MS Office.

6. KPO/Computer Assistant

11 B.A./B.Sc. with course in Computer Training.

18 - 25 BA/BSc with diploma in Computer Science/IT.

7. Sub-Engineer 11 Diploma in requisite Discipline of Engineer after undergoing a minimum of three years course from the Punjab Board of Technical Education or equivalent qualifications.

21 - 25 Diploma in Civil Engineering after undergoing a minimum of three years course from the Punjab Board of Technical Education or equivalent qualifications.

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8. Building Inspector 11 Diploma in requisite Discipline of Engineer after undergoing a minimum of three years course from the Punjab Board of Technical Education or equivalent qualifications.

21 - 25 Diploma in Civil Engineering after undergoing a minimum of three years course from the Punjab Board of Technical Education or equivalent qualifications.

9. Accounts Clerk 11 Inter-Com/D.Com. 18 - 25 I.Com/D.Com.10. Surveyor 9 Matric with 2 years diploma or

certificate of Survey or one year Survey Course with 5 years as experience. Holding certificate of Survey Course less than one year duration would be given Pay Scale 7.

18 - 25 Matric with 2 years diploma or certificate of Survey of one year Survey Course with 5 years experience.

11. Machine Mechanic

7 Mechanical diploma/six months certificate preference for previous experience.

12. Senior Cook 6 18 - 25 Working experience.13. Plumber 5 Certificate of Plumber

from a recognized Institute.

14. Mistri 5 18 - 25 Literate.

Submitted before the Governing body for approval please

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ITEM NO.07 ESTABLISHMENT OF A “STRATEGIC POLICY UNIT” IN MDA

The proposal for establishment of a “Strategic Policy Unit” (SPU) was discussed in the last meeting of the Governing Body, wherein the proposal was approved in principle and it was decided that detailed proposal with budgetary and financial aspects will be placed in the next meeting of the Governing Body.

Introduction:

MDA is entrusted with the following main tasks:

i. Comprehensive planning for Multan City

ii. Participation in integrated development of infrastructure

iii. Designing & execution of projects for development of housing, commercial

and recreation areas

iv. Carry out building control in its area of jurisdiction

v. Implement zoning laws and housing colonies rules

vi. Provide services

Besides, MDA is a self-financing autonomous body which generates its own resources. Therefore it becomes imperative that MDA should become an efficient organization, capable of generating sufficient resources to not only sustain itself over a longer period of time but also to be able to carry out mega development projects as per its mandate. MDA in its current state of affairs is not running as an efficient organization. Its organizational structure is old and it lacks expertise. The idea of SPU is to create a special unit inside MDA for a limited duration of time, i.e. one year, to do following tasks.

Terms Of Reference: i. To undertake a complete assessment of organizational structure,

management practices, human and physical resources of MDA and to propose organizational reforms.

ii. To prepare a business plan for MDA for the next ten years to make it financially sound and vibrant with enough resources to undertake big development projects.

iii. To plan and design new housing and commercial projects for MDA including survey, feasibility studies, topographic and environmental impact studies and financial plans.

iv. To supervise computerization and digitization of all MDA record, service delivery and operations.

v. To review laws, rules, regulations, job descriptions, operational manuals and procedures of MDA and to propose amendments to the relevant forum.

vi. To carry out all other tasks assigned to it by the Director General MDA.

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Constitution:

S# Name of Position Qualification 1 Management Specialist MBA (preferably MBA HRM) with

at least 5 years of experience 2 Finance Specialist Masters in relevant field with at

least 3 years of experience3 Urban Planning Specialist Masters in relevant field with at

least 3 years of experience4 Applied Economics Specialist Masters in relevant field with at

least 3 years of experience 5 GIS Specialist Masters in relevant field with at

least 3 years of experience6 IT Specialist Masters in relevant field with at

least 3 years of experience7 Research Analyst Masters in Statistics with at least

3 years of experience

Recruitment and other matters:1) A selection committee consisting of Addl DG, Director F&A, Director Engineering

and Director Town Planning will oversee the process of recruitment. 2) An advertisement will be published in the newspapers to invite applications from

suitable candidates. 3) Short listing will be done by the selection committee.4) Shortlisted candidates will be interviewed by a larger committee headed by

Chairman MDA. 5) The selection committee will propose market based salary for the selected

candidates keeping in view the qualification, experience and market worth. The proposed salary will be not more than Rs. 500,000. DG will make final decision about the salaries.

6) A state-of-the-art office will be arranged for the SPU which will be designed on corporate style and will be well equipped with IT and communication technology infrastructure.

7) A double cabin vehicle will be provided along with POL to the Unit.8) Any other logistic support will be provided to the Unit.9) The Addl DG will be the overall head of the Unit. 10)Budgetary provisions will be made in MDA’s budget.

The Governing Body is requested to approve the above mentioned proposal.

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ITEM NO.08 PRINCIPLE APPROVAL FOR UNDERTAKING FEASIBILITY STUDY, PLANNING AND DESIGNING OF THE PROPOSED PROJECT FOR THE DEVELOPMENT OF NORTH-WEST METROPOLITAN ZONE, HOUSING COLONY AND OTHER SCHEMES

Multan Development Authority (MDA) is responsible for preparing and implementing schemes of housing and urban development in urban area of Multan. This planning and development process takes place within the framework of the Master Plan 2008-2028 and according to the needs of the city. It has been noted for a long time that Multan city requires developed areas where commercial, institutional and recreational activities can take place in a planned environment and which can become the hub of such activities away from the congested, densely populated areas of the inner city.

The Master Plan proposes four metropolitan zones which are meant to provide zones of commercial, institutional and recreational activities to cater for the present and future needs of the city. These will be areas which will provide space for commercial as well as institutional activities in one place. A metropolitan zone will be like a Central Business District (CBD) where the investors, businessmen and entrepreneurs will find a planned urban area, specially designed on modern lines, containing all facilities required for accelerated commercial growth. Such an area will act as a catalyst for the economic growth of the city.

As a first step in the direction of establishing and developing such metropolitan zones, it is proposed that MDA may develop the proposed area in the north-west of the city astride the Northern Bypass between Nawab Pur Road and Shujaabad Canal in which commercial boulevard for high rise buildings, areas for institutional development and recreational areas like gymkhana and playland will be established. It is also proposed that possibility may be explored for establishing a medium size colony adjacent to this zone.

Benefits:

Following benefits have been envisioned to accrue from the proposed project.

i. Investors will be attracted to invest in construction of commercial and institutional buildings by the availability of a large area specially designed and developed and by waiving off the need to pay conversion fee.

ii. The area will become a hub of business activity.iii. The housing scheme on adjoining area will be a medium-size housing colony

and will present a model of standard development and planning by MDA.iv. MDA intends to execute the project through Joint Venture mode, in which

national level investors will be encouraged to participate.

Proposed Initial Steps:i. MDA may declare the area as its controlled area under Section 7 of PDC Act.ii. MDA may engage a consulting firm to conduct feasibility study, survey,

prepare business plan, preparation of TORs and bidding documents for JV partner and provide all necessary legal and technical assistance.

The Governing Body may approve the above mentioned proposal.

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ITEM NO.09 APPROVAL OF DRAFT “MDA (LEGAL ADVISOR’S APPOINTMENT AND TERMS & CONDITIONS) REGULATIONS, 2015”

INTRODUCTION:

MDA can make its own regulations to carry out its functions under the umbrella of the Development of Cities Act 1976 as per section 44 of the said act. Litigation management has acquired extreme importance in affairs of the authority as the quantum of litigation has increased manifold and interests of the authority are involved in all court cases. The management of MDA has been facing difficulty in regulating the affairs of its legal team in the absence of regulations for appointment and terms & conditions of legal advisors. The following regulations are proposed for approval by governing body.

1. SHORT TITLE AND COMMENCEMENT:i) These regulations may be called the Multan Development Authority (Legal

Advisor’s appointment and Terms & Conditions) Regulations, 2015. ii) It shall come into force at once.

2. DEFINITIONS.In these Regulations, unless the subject or context otherwise requires.

i) “Advocate” means an advocate defined in the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973).

ii) “Law Firm” A firm registered under the partnership Act 1932 and shall consist of Advocate(s) of High Court who has been practicing as such not less than five years in High Court. It shall also include the firms which consists of Advocate of Supreme Court having at least 20 years’ experience at Bar.

iii) “Government” means Government of the Punjab; iv) “Act” means the Punjab Development of Cities Act, 1976.v) “Authority” means the Multan Development Authority constituted

under the Act.3. QUALIFICATIONS.

i) A senior Legal Advisors shall be an advocate of Supreme Court of Pakistan having at least 20 years’ experience at the Bar.

ii) A Legal Advisors shall be an Advocate who has been actively practicing as Advocate of High Court for a period not less than 5 years immediately before the last date fixed for the receipt of applications for appointment as a Legal Advisor.

iii) Additional Legal Advisor shall be an Advocate who has been actively practicing for a period not less than 5 years immediately before the last date fixed for the receipt of applications for appointment as an Additional Legal Advisor.

4. PROCEDURE FOR APPOINTMENT:i) For engaging Senior Legal Advisor(s), Legal Advisor(s), Additional

Legal Advisor(s) or Law Firm(s), advertisement in two National Daily

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Newspapers shall be published indicating the terms and conditions, the requisite qualifications, experience, standing of the Advocate(s).

ii) The candidates shall be advised to address their applications to the Authority through Director Admn.

5. APPOINTING AUTHORITY.Director General, MDA will act as appointing authority for senior Legal Advisor(s), Legal Advisor(s), Additional Legal Advisor(s) and the Law Firm(s).

6. DUTIES:i) It shall be the duty of Senior Legal Advisor(s), Legal Advisor(s),

Additional Legal Advisor(s) and the Law Firm(s) engaged by the Authority to tender Legal advice(s) to and to appear in legal proceeding(s) on behalf of the MDA which has appointed or engaged him / her as the case may be.

ii) Senior Legal Advisor(s), Legal Advisor(s), Additional Legal Advisor(s) or the Law Firm(s) engaged by the Authority shall not accept any case to be instituted/filed against the interests of MDA.

7. REMUNERATIONS:

Subject to these Regulations, Senior Legal Advisor(s), Legal Advisor(s), and Law Firm(s) shall be paid retainer-ship fee and other facilities as may be fixed by DG, MDA from time to time.

8. TENURE:i) Senior Legal Advisor(s), Legal Advisor(s), Additional Legal Advisor(s)

or the Law Firm(s) shall be appointed by the Authority on retainership for a period of one year.

ii) The retainership period of Senior Legal Advisor(s), Legal Advisor(s), Additional Legal Advisor(s) or the Law Firm(s) can be extended up to one year, if deemed appropriate by the Director General, MDA.

9. NUMBER OF LEGAL ADVISORS:i) The Authority may have one or more Senior Legal Advisor(s), Legal

Advisor(s), Additional Legal Advisor(s) or the Law Firm(s) as the case may be. The number of legal advisors to be engaged at one time by MDA will be determined by the Director General MDA.

ii) If the Authority or Director General, MDA in this regard at any stage feels that engagement of Standing Counsel(s) or Special Counsel(s) is required, he may engage Standing Counsel(s) or Special Counsel(s) for case(s) or for such period and on such terms and conditions and fee or remuneration as he may deem appropriate.

10.VACATION OF OFFICE:i) The office of Legal Advisor shall stand vacated on the expiry of the

term for which he had been appointed. ii) The retainership of Senior Legal Advisor(s), Legal Advisor(s),

Additional Legal Advisor(s) or the Law Firm(s) shall be liable to termination with prior notice of one month. In case of prompt termination advance retainership fee of one month shall be paid by MDA.

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iii) In case Senior Legal Advisor(s), Legal Advisor(s), Additional Legal Advisor(s) or the Law Firm(s) wishes to withdraw his/her retainership, he/she shall serve one month prior notice.

iv) The performance of Senior Legal Advisor(s), Legal Advisor(s), Additional Legal Advisor(s) or the Law Firm(s) shall be evaluated periodically in term of attendance, speedily disposal of case in favour of MDA. In case the evaluation does not meet bench mark, the appointment will stand cancelled forthwith.

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ITEM NO.10 STRENGTHENING OF LEGAL CELL

Legal Cell in MDA is under great pressure due to huge quantum of court cases. At present around 1100 cases are being dealt with by the cell. The existing strength of this section is not sufficient to cope with the current requirements. In addition, Government of Punjab has launched Metro-Bus project which is assigned to MDA for execution and huge land is being acquired for this project which will, is likely to cause increase in litigation already pending in various courts of law. Therefore, in order to cope with the current as well as future requirements, it has become necessary to increase the number of staff by creating the following posts.

1. One more post of Assistant Director (Legal) BS-17 so that one Assistant Director (Legal) may deal cases pending in Civil/Session courts while the other may pursue the litigation pending in High Court and August Supreme Court of Pakistan.

2. One more Head Clerk BS-11 (one shall handle the civil cases while the other for High Court and Supreme Court cases).

3. One post of Accounts Clerk BS-11.4. Four posts of Junior Clerks carrying BS-7.

The above proposal is, hereby, submitted for approval of the house please.

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ITEM NO.11 REGULARIZATION OF PLOT NO. 12, HASAN PARWANA COLONY, MULTAN

Peer Fateh Ali Shah submitted an application on 26-04-1955 to the Chairman Multan Improvement Trust with the statement that he had purchased two plots of one kanal each in Hassan Parwana Colony Multan. He requested that one Plot No.12 may be transferred to Arif Zaman Shah S/O Burkhurdar Shah. The Chairman MIT allowed the transfer of plot No.12 in favour of Mr. Arif Zaman on 27-04-1955 which was confirmed vide resolution No.13 dated 01-11-1957. The possession was delivered on 30-04-1955 and an agreement of sale was also executed with Arif Zaman Shah on 22-08-1955. On 23-07-1971, Mst Kausar Begum D/O Peer Burkhodar Shah submitted an application to the Chairman MIT that she had purchased the said plot from the allottee and she had also got a decree from Senior Civil Judge, Multan in her favour, so plot No.12 may be transferred in her name. The case was referred to Legal Advisor for opinion. The Legal Advisor gave opinion that the plot could not be transferred as the Department was not party in the Civil Suit. The Legal Advisor further reported that the Government decided to charge Rs.15/- per Sq Yard but the record containing said orders was lying with the Anti-Corruption Department since 1958. A letter bearing No.1776/MIT dated 20-03-1972 was issued to Deputy Superintendent Anti Corruption Police Multan for return of record but no response was received. As such the record is not available with MDA.

The procedure of allotment in the instant case has been shown as auction but as per record, no auction took place, which shows that allotment was made fake. Therefore, it requires regularization by charging the cost of plot according to valuation table plus 10% penalty being illegal occupation under “Disposal of Land by the Development Authorities (Regulations) Rules 2002”.

The matter is placed before the Governing Body for decision please.

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ITEM NO.12 EXTENSION IN PERIOD OF PAYMENT OF ENHANCED DEVELOPMENT CHARGES IN RESPECT OF HOUSING SCHEME FATIMA JINNAH TOWN PHASE-I & II, MULTAN

The Governing Body in its 59th Authority Meeting held on 09-07-2013 enhanced the rate of development charges to the tune of Rs.12,059/- per marla for Fatima Jinnah Town Phase-I and Rs.24,500/- per marla for Fatima Jinnah Town Phase-II, Multan according to revised PC-I of Engineering Directorate, MDA. The Governing Body in its 64 th

Authority Meeting held on 18-10-2014 vide item No.06 extended the date of recovery upto 31-12-2014. As per record, against a demand of Rs.1460-Million, only Rs.364-Million have been received upto May, 2015 leaving a balance of Rs.1096-Million against the allottees. Notices have been issued to the allottees for payment of said amount.

Further it is explained that development work at site has been completed by only 90%. The basic amenities especially electricity are not yet functional and this fact is main hurdle in recovery of enhanced amount. Therefore, it is proposed that extension in payment period may be granted upto 31-12-2015.

The House is requested to approve the proposal please.

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ITEM NO.13 ENHANCEMENT IN RATE OF EXCESS AREA FROM RS.9000/- PER MARLA TO RS.50,000/- PER MARLA FOR AREA / LAND OVER AND ABOVE REGISTERED SALE DEED FOR OCCUPANTS IN SHAH RUKNE ALAM PHASE-II, MULTAN

The Multan Development Authority, Multan launched a Housing Scheme Shah Rukne Alam Colony Phase-II, Multan in the year 1984-85. At the time of acquisition some buildings were present in the scheme area which were required to be demolished during the execution of development work. The occupants / residents of these houses agitated the matter before the Chief Minister Punjab through local MNA’s / MPA’s. The Chief Minister Punjab issued administrative stay order not to demolish these houses / structures. Later, a Committee was constituted under the supervision of Commissioner, Multan Division. The said committee prepared its proposals and submitted to the Government of the Punjab which were approved and conveyed to MDA Multan through letter No.SO(I&C)-HP&EP-16-1/86 dated 29-12-1994. The terms & conditions are reproduced below: -

i. That all the 270 houses and 51 boundary walls would be demolished after the allotment of 3-marla plots to each affectee.

ii. Compensation of the structure will be paid to them.iii. They would, however, be allowed to take away malba.iv. Cost of the plots will be assessed @ Rs.3500/- per marla and the same will be

recovered within a period of 3-years in six equal half yearly installments and no interest will be charged.

v. Six months period will be given to the effectees for the construction of their houses on proposed 3-marla plots and thereafter, the old houses will be demolished.

The said matter was discussed in the 42nd Authority Meeting held on 09-8-2003. The entitlement of occupants was to the extent of 3-Marla plot, therefore, it was decided that in case of excess area above 3-Marla, Rs.9,000/- per marla shall be charged from the allottees. This rate was reasonable according to prevailing situation and market factors at that time. Now a considerable time has been passed and reasonable hike has been observed in the price of plots. The above mentioned rate is not compatible with prevailing market rates. Therefore, it is proposed that rate of excess area may be enhanced upto Rs.50,000/- per marla. However, concessional rate of Rs.3500/- per marla as determined by the Government shall remain applicable to the extent of 3 Marla plot / land.

The matter is placed before the House for approval.

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ITEM NO.14 CONSTITUTION OF COMMITTEE FOR ALLOTMENT OF NUCLEUS HOUSES / 3-MARLA QUARTERS IN HOUSING SCHEME NEW SHAH SHAMS COLONY, MULTAN

Government of Pakistan launched five point programme during the period 1987-88. Under this programme 236 plots measuring 03-Marla each were provided by MDA in New Shah Shams Colony to the District Administration Multan for construction of houses. These Nucleus houses were constructed by Deputy Commissioner / District Administration through its own sources under the supervision of MDA. On the completion of construction work, the Government of late Muhammad Khan Jenejo Prime Minister of Pakistan was dissolved. With the passage of time, these quarters were illegally occupied. MDA made a lengthy correspondence with the Government of the Punjab and ultimately Government issued instructions for allotment of these quarters to deserving occupants. A criteria for allotment and mode of payment was got approved from the Governing Body of MDA in its 46 th Authority Meeting held on 30-07-2005 and a committee was constituted to conduct survey and to determine eligibility of occupants for allotment of these quarters. The City District Nazim was the Chairman of the Committee.

The Committee verified 193 occupants for allotment of their quarters. Whereas, the remaining 37 occupants were declared to be ineligible by the committee. The cost of each quarter was fixed to be Rs.75,000/- with down payment of Rs.18,750/- and remaining amount was to be recovered through monthly installments @ Rs.1,563/- per month. It is pertinent to mention here that six quarters were already consumed during the development work / falling in the road area of Housing Scheme.

On the expiry of local Government tenure the Governing Body of MDA in its 55 th

Authority Meeting held on 28-07-2010 reconstituted the Committee comprising following members for re-verification of the eligibility of the remaining 37 occupants.

1. Director General, MDA2. Ch: Abdul Waheed Arain, MPA3. Administrator Musa Pak Shaheed Town, Multan

The above committee surveyed 30 remaining quarters as there was stay on other 07 quarters. A report was prepared in which the committee members except the DG declared all 30 occupants deserving and eligible for allotment. However no further action was taken by MDA.

As there are two contradictory survey reports available on record with regard to 30 number occupants, it is proposed that a new committee comprising on following members may be constituted: -

1. Administrator Musa Pak Town, Multan2. Director Engineering, MDA3. Director Town Planning, MDA4. Deputy Director EM-I, MDA5. Town Municipal Officer concerned.

The mandate of committee will be to check the eligibility of occupants. The eligible deserving occupants will be made allotment on payment of old price of Rs.75,000/- per quarter. As for non eligible occupants they may be allowed to retain their occupation subject to payment of Rs. 250,000 per quarter.

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ITEM NO.15 FATIMA JINNAH TOWN PHASE-II (EXTENSION)/BLOCK-K

Fatima Jinnah Town Phase-II was launched in the year 2007 on an area of 650 Acre and plots therein were allotted to various applicants through balloting. Afterwards, on the direction of Chief Minister Punjab, 36.75 acre land was excluded from the scheme and returned to the original land owners as under:-

1. 1.5 acres land of Ausaf Factory owned by Waqar Hussain etc.2. 17 acre land owned by Ch: Abdul Waheed, MPA.3. 18.25 acre land of Mr. Abdul Aziz & sons.

After de-notification of the above mentioned areas, in order to accommodate 118 residential plots of different categories as well as mandatory sites reserved for open space, school and graveyard. the Governing Body of MDA in its 57 th meeting held on 11-7-2011 (ANNEX-G) granted approval to revise the layout plan of the scheme and directed to acquire nearby area in order to accommodate disturbed plots and to bring the scheme plan in conformity with the planning standards After physical survey, an area of 123.51 acres towards western side of southern bypass was proposed for extension of the scheme. Prior to issuance of notification for acquisition of the proposed land, Mr. Kazim Ali, owner of 13.79 acre, filed W.P. No. 13203/2011 in the Hon’able High Court and got stay order, which is still operative. Layout plan (ANNEX-H) shows the area under stay. Despite all efforts by MDA, Writ Petition has not yet been decided by the Hon’able High Court, due to which further working on the scheme on the extended area is pending while 118 allottees of various plot are agitating for allotment of alternate plots.The Breakup of Total Planned Area is as follows:

S# Land Use Area in Acres Percentage No. of Plots1 Residential 60.43 49.33% 10932 Commercial 11.25 9.18%3 Roads 36.32 29.66%4 Open space 8.57 7.00%5 Graveyard 3.07 2.51%7 Public Building 2.85 2.32%

Total area 122.49 100%

Area under stay is given below:S# Description Area No of plots1 Effected residential plots under stay 6.17 acre 139

2 Effected shops 2.89 acre 1163 Effected open space 0.68 acre4 Effected Residential Plots due to non

availability of approach road2.27 acre 33

5 Effected open space due to non availability of approach road

0.49 acre

6 Effected roads 0.96 acreTotal area under stay 13.79 acre

The matter is presented before the Governing Body for appropriate decision in the situation narrated above, as to whether MDA should start further work on K-Block excluding area under stay or not.

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ITEM NO.16 AMENDMENT IN CLAUSE 10.3.3 (h) OF MDA BUILDING AND ZONING REGULATIONS 2007 (NOC FROM TRAFFIC ENGINEERING AGENCY)

MDA approved its Building Bye Laws in 2007, according to which Non-residential building plans are approved by High Level Design Committee headed by DCO Multan.

According to the Building Bye Law and Zoning Regulations 2007,Clause 10.3.3(h) “the prospective builder shall conduct a Traffic Impact Assessment study for the construction project if the project falls within any of the following conditions. The builder shall acquire a NOC from the traffic engineering agency.

i) Non-residential building having plot area of 4 kanals (1673 sqm) or above.

ii) Non-residential building having 5 storeys and above”.

At present there is no Traffic Engineering Agency functioning in MDA Multan that can issue such NOC, while in LDA, Transportation Engineering and Planning Agency (TEPA) is authorized to issue such NOC within its jurisdiction. There are many cases pending in this office due to want of NOC from Traffic Engineering Agency.As far as TEPA is concerned it has jurisdiction only within the boundary of LDA and is not authorized to issue NOC within the jurisdiction of MDA.

It is therefore proposed that following may be added to clause 10.3.3(h) The builder shall acquire an NOC from the Traffic engineering agency. However if there is no such agency in the area of jurisdiction of MDA, the Traffic & Transportation Engineering Cell of Engineering Directorate of MDA, is authorized to issue such NOC till such time a proper agency is established.

The Governing Body is requested to approve the above proposal.

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ITEM NO.17 REVISION OF LAYOUT PLAN OF FATIMA JINNAH TOWN PHASE-II MULTAN (H-BLOCK)

The Governing Body of MDA in its meeting held on 29-7-2006 decided to launch the Fatima Jinnah Housing Scheme Phase-II and layout plan was approved by the competent authority vide No. 222/ TP/MDA dated 5-3-2008. Later the land of Mr. Abdul Aziz & Sons measuring 114 kanal 17 marla was excluded by the Government of Punjab from the scheme H-Block, due to which 101 number of plots of different categories was affected.

Secondly Nasir Qureshi, the owner of land measuring 27 acre filed Writ Petition No. 2991/2009 dated 24-4-2009 and got stay order from the Hon’able High Court of his land falling in H-Block since then, due to which development of the said land could not be started so far and said area is under possession of Ex-land owner. As per present layout plan 167 number of plots of different categories fall in the stay area. Allottees of H-Block are pressing hard for getting possession and due to stay order MDA is unable to deliver the possession to all the allottees of H-Block even the lapse of many years. Moreover, MDA is not delivering possession to other allottees of H-Block whose plots are not under stay order as such remaining area needs redesigning.

In the light of above narrated facts the Governing Body of MDA is requested to allow revision of H-Block Fatima Jinnah Town Phase-II on the available area so that possession may be delivered to allottees of such area which is not under stay. The area under stay order vide W.P. No. 2991/2009 will be redesigned after vacation of the stay order.

The matter is placed before the Governing Body for suitable decision.

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ITEM NO.18 DECISION REGARDING HEIGHT CHARGES OF MULTAN TRADE CENTER LMQ ROAD MULTAN

The building plan of Multan Trade Center on an area of 85 marla on LMQ Road opposite MEPCO Center Multan was approved by competent authority on 30-6-2007 for 6 floors with height 35 ft. (2 basement for parking, lower, ground, first & 2nd floor) according to the Building Regulations 2005.Again the owner submitted revised building plan for 08 floors including already constructed 03 floors (height 61’-6”). This revised building plan was also approved by High Level Design committee in its meeting held under the chairmanship of DCO Multan on 19-9-2009.Meanwhile the owner/developer added 02 extra floors and took height of the plaza to 85’ and committed violations of the approved building plan (approved height 61’-6”). According to Building Regulations 2005 clause 60 the prescribed building height allowed was 70 ft. On this act notices were served and demolition order was also issued to LCO on 8-2-2011 for removing of the 02 extra floors above 70 ft. Meanwhile in Governing Body meeting held on 9-7-2012, Integrated Master Plan of Multan 2008-2028 prepared by the NESPAK (Pvt) was approved and adopted for implementation where permitted height of buildings abutting on LMQ Road over an area above 02 kanal was 120 ft. from Pak Arab Fertilizer to Aziz Hotel (ANNEX-I). After that the developer/owner resubmitted building plan for 10 floors (85 ft height) on 6-9-2012. The submitted building plan was scrutinized by the Building Plan Scrutiny Committee of MDA in its meeting held on 20-9-2012 in the light of Master Plan 2008-2028. According to the Master Plan permitted height on LMQ Road is 120 ft therefore the Building Plan Scrutiny Committee recommended the case and after approval from Director General MDA forwarded the case to High Level Design Committee for consideration. The High Level Design Committee for the City District Government Multan in its meeting held on 20-12-2013 approved the case as agenda item No. 11 (ANNEX-J) height charges were not levied by the High Level Design Committee as according to Master Plan 2008-2028 height on LMQ Road was permitted upto 120 ft. After recovery of fine of Rs. 38,40,916 + scrutiny fee (Rs. 8,90,849) (total Rs. 47,31,765), the building plan was issued on 26-1-2013. Meanwhile on a complaint lodged by Ehtsham-uddin Farooqi the Anti-corruption Establishment took up the case of Multan Trade Center and according to their version MDA has not recovered the height charges above 70 ft and committed violation of the rules.Due to such situation matter was re-considered in MDA and it was decided that the case will be placed in the meeting of Governing Body for decision. Case is placed before the Governing Body for decision as to whether height charges are payable in this case or not.

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ITEM NO.19 REGISTRATION OF PROFESSIONAL DEVELOPERS FOR LAUNCHING PRIVATE HOUSING SCHEMES / LSDs IN JURISDICTION OF MDA

Private sector is playing an active role in the provision of housing for citizen but the standard and quality is negotiable. According to the Punjab Private Housing Schemes and Land Sub Division Rules 2010,

“Rule No. 2 (ix): Developer means a company or a cooperative society or a firm or an owner of land who intends to develop a scheme or who has developed a scheme after approval.

Rule No. 9 (2)(h): certified title documents having hundred percent ownership rights in favour of the developer.

It is observed that in private sector most of the housing colonies are developed by the developer instead of actual owners of the land. Although Government of the Punjab has amended the rules & policies to make the better quality of housing delivered by private sector but it requires more refining. All the liabilities and responsibilities are obeyed by the owner of the scheme and developer who is actually running it as business is totally out of picture. It is important that we look at this problem and necessary steps are taken to fill this huge gap in the law by enacting our own regulations by making it mandatory that only professional developers registered with MDA will be allowed to launch private housing schemes / land sub-divisions. Following terms & conditions may be approved.

(i) The developer has a proper office to carry out his business of land development.

(ii) The developer has sound financial position.(iii) The developer is a registered income tax payer.(iv) The developer maintains proper record of his business. (v) Competent authority for granting such approval is DG MDA.(vi) Registration may be cancelled on violation of any of the rules and regulations

of MDA.

Working Paper is submitted for placing before the Governing Body for approval please.

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ITEM NO.20 FINANCIAL ASSISTANCE TO THE FAMILY OF A CIVIL SERVANT WHO DIES WHILE IN SERVICE

MDA, Multan has already adopted the above said policy of Government of the Punjab for its employees and the financial assistance is being provided to the families of MDA employees who die while in service on the existing rates mentioned below:-

BASIC PAY SCALE RATES (RS.)1-4 200,000/-

5-10 300,000/-11-15 400,000/-16-17 500,000/-18-19 800,000/-

20 and above 1,000,000/-

The Government of Punjab, Finance Department vide its circular bearing No.FD-SR-I/3-10/2004 dated 13-11-2014 (ANNEX-K) has revised the existing rates with effect from 01-7-2014 on the above subject and the revised rates are as under:-

BASIC PAY SCALE EXISTING RATES (RS.) REVISED RATES (RS.)1-4 200,000/- 400,000/-5-10 300,000/- 600,000/-

11-15 400,000/- 800,000/-16-17 500,000/- 1000,000/-18-19 800,000/- 1,600,000/-

20 and above 1,000,000/- 2,000,000/-

It is proposed that the revised rates may please be implemented with effect from 01-7-2014 in MDA and its Agency.

The matter is placed before the Governing Body with the proposal to adopt above policy in MDA for its employees.

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ITEM NO.21 PLOTS FOR SCHOOLS IN VARIOUS OLD COLONIES OF MDA

A large number of plots for schools in various old housing colonies of MDA are lying vacant. As per current policy of the government, such plots are disposed of through open auction. A list of such plots is given in the following.

S#

Colony Category Plot No. Block Area

1 Shah Rukn-e Alam Colony Primary School CF-5 A 7.95 kanal2 // Primary School CF-8 D 7.25 kanal3 // High School CF-37 I 16.55 kanal4 Tughlaq Town Primary School CF-5 --- 7.31 kanal5 Lodhi Colony Primary School CF-5 --- 1.0 kanal6 New Shah Shams

ColonyPrimary School CF-6 B 7.36 kanal

MDA has conducted auction proceedings for these plots a number of times after advertisement in the newspapers. However, no positive response has been received during the last many years. It is therefore proposed that the category of such plots may be widened while remaining in the same broad category. For example, a primary school plot may remain in the education category but it may also be auctioned for any educational purpose like college, high school, vocational training centre etc.

The Governing Body may approve the above proposal.

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ITEM NO.22 SHIFTING OF WASA OFFICES AND ENGAGING CONSULTANT FOR COMMERCIAL USE OF ITS PLOTS

The old block of existing WASA head office was constructed in 1970 by MIT on a part of Bagh Langey Khan. The new block was constructed by MDA, Multan in 1982 for its offices. Both blocks along with separated premises were given to WASA when it was established in 1992. In this building following offices are working:-

1. Managing Director, WASA.2. Deputy Managing Director, WASA.3. Director Works, WASA.4. Director Admn: & Finance, WASA.5. Director Recovery, WASA.6. Director (P&D), WASA.7. Deputy Director Finance, WASA.8. Deputy Director Recovery, WASA.9. Deputy Director Recovery (H/Q), WASA.10. Deputy Director (P&D), WASA.11. Senior Special Magistrate, WASA.12. Computer Cell, WASA.13. Legal Branch, WASA.14. Public Relation Officer, WASA.15. Motor Transport Officer, WASA.16. Local Fund Audit Branch, WASA.17. Tehsildar Recovery, WASA.

Both the blocks are in a dilapidated condition and have completed their lives. Rather they are now a threat for the employees and the public.

It is therefore proposed that WASA offices may be shifted to some new building. In this way, not only better office facilities will be available for WASA establishment but also a large chunk of land will be restored to the park.

For shifting of WASA head office to a new building, it is proposed that WASA may utilize one of its properties by doing Joint Venture with a private party under Section 5 of“The Management & Transfer of Properties by Development Authorities Act, 2014” for construction of a multi-purpose and multi-storey building. Such a building will be constructed by the private party for commercial activities while one complete floor will be used by WASA to house its head office. WASA will also receive regular income from such venture.

Following are therefore suggested as initial steps to undertake the whole initiative.

a. WASA may procure services of a consulting firm to conduct feasibility study of its various properties, recommend site for the subject purpose, examine financial and legal feasibility, prepare bidding documents, evaluate bids and offers, prepare business plan and frame legal documents.

b. Till the time the joint venture is implemented, WASA may shift its head office to other available premises where it can put up temporarily.

The Governing Body may approve the overall plan and the proposals mentioned above.